Proving Driver Negligence in Pedestrian Accident Cases in New York

Pedestrians can seek compensation when drivers negligently injure them. In New York, claimants have the right to bring negligence claims for unintentional, preventable injuries. Therefore, the other party’s intent isn’t relevant when asserting negligence.

However, injured pedestrians must establish certain facts to verify that the accident was truly preventable. A pedestrian accident lawyer can gather evidence to prove the elements of negligence on your behalf.

FAQ: Proving Driver Negligence in Pedestrian Accidents in New York

What is driver negligence in pedestrian accident cases?
Driver negligence occurs when a motorist fails to exercise reasonable care and injures a pedestrian. Intent doesn’t matter; what matters is that the accident was preventable.

What evidence is used to prove negligence?
Evidence can include eyewitness and expert testimony, photos, videos, accident reports, physical objects, and medical records documenting injuries and losses.

How can an expert witness help in pedestrian cases?
Experts can reconstruct accidents, analyze physical evidence, and provide professional testimony to clarify how the crash occurred and who was liable.

Do I need a lawyer for a pedestrian accident claim?
Yes. An attorney can gather evidence, interview witnesses, consult experts, and help prove liability to maximize your compensation.

What losses can I recover in a pedestrian accident case?
You may recover economic losses like medical bills and lost wages, and non-economic losses such as pain, suffering, and emotional distress.

Types of Evidence Admissible in New York Injury Cases

Evidence can include anything that tends to prove or disprove any fact at issue in the case, including the following:

Eyewitness testimony
Expert testimony
Physical objects, such as a dented fender
Documents, such as medical records and hospital bills
Photographs and video footage

Courts determine admissibility by assessing the relevance and reliability of the evidence in question. Judges must also follow rules that block certain types of evidence that are considered unreliable, such as hearsay.

The Elements of Negligence and the Evidence Used to Prove Them

Establishing negligence requires proof of the following four elements:

Duty of Care

A duty of care arises from the relationship between the parties in a lawsuit. For example, the duty of care in a medical malpractice case arises from the doctor-patient relationship.

With regard to pedestrian accidents, all drivers owe a duty of care to operate their vehicles with reasonable caution under the circumstances.

This duty is objective. In other words, it doesn’t matter whether the party accused of negligence thought they were acting carelessly. Instead, the duty is based on a hypothetical ordinary driver acting with the level of care other road users expect.

Generally, you don’t need proof of the duty of care. Rather, the duty is established by law.

Breach of Duty

A breach of duty happens when a driver fails to meet the standard of care expected of a reasonable motorist. The breach can take the form of an act or an omission. One way to identify a breach is to look at what the driver did or should have done in the situation compared to their duty of care.

If the driver did something that a reasonably careful driver wouldn’t have, they likely acted negligently. Similarly, if the driver failed to do something that a reasonable driver would have, they likely displayed negligence.

The breach of duty can be proven using evidence of the driver’s actions. For instance, eyewitnesses can testify about what they saw or heard before, during, and after the collision with the pedestrian. Physical evidence, such as skid marks, can also help highlight the driver’s actions.

In some cases, the pedestrian’s attorney may hire an expert witness to reconstruct the accident. Expert witnesses give opinion-based testimony consisting of scientific, engineering, or other professional analysis. Thus, an expert witness can describe how the physical evidence proves the sequence of events that led to the collision.

Photographic or video evidence can also be useful for proving liability for a pedestrian crash. A security system or traffic camera might have captured the accident, showing the actions of the driver and the pedestrian.

Losses Incurred by the Victim

The accident victim must prove that they incurred compensable losses, which can include both economic and non-economic losses. You can prove your economic losses using financial records, such as medical bills, bank or credit card statements, and receipts.

Non-economic losses are often trickier to prove, as they encompass the subjective impacts of the injuries on the pedestrian’s life.

Testimony by the accident victim can help convey the pain and anguish they’ve experienced. This evidence might be supplemented with medical records showing that the victim sought prescription pain medication for physical discomfort and mental health support for emotional distress.

Causal Link Between the Breach and Losses

New York requires proof of a causal link between the breach and the resulting harm or loss. In most cases, the evidence can be inferred from the circumstances. For example, evidence that a driver struck a pedestrian would naturally lead to the conclusion that the impact broke the pedestrian’s leg.

Ask4Sam for Help Proving a Pedestrian Accident Claim

Every pedestrian accident involves unique facts. Accident victims must satisfy all required legal elements using evidence, such as witness testimony and accident reports.

However, this is often difficult for injured pedestrians. Your injuries may prevent you from talking to witnesses, gathering documents, and hiring experts.

The legal professionals at Silberstein & Miklos, P.C., have extensive experience with pedestrian accident cases. We also have connections with investigators and expert witnesses who can collect the evidence needed to prove liability for your accident. 

A proven record

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